PAGE
HERALD AND NEWS, Klamath Falli. Oregon
Friday, July U, Wtt
EPSON IN WASHINGTON . . .
UN Hikes Efficiency
"Junior!"
.'S-y.
Of Special Programs
i, .
American lawyers still may not be facing
their great responsibilities in this period of
racial strife and constitutional test.
It is commendable, of course, that lead
ers of the bar have agreed to establish a
committee to work for eased tensions.
But this could mean no more than that
lawyers would offer their services as nego
tiators and pacifiers in difficult situations,
: Just as any civic-minded citizens might do.
: What is needed from lawyers is some
thing they can contribute uniquely: a bright
er, clearer light on the broad range of con
stitutional controversies which have been
stirred as the racial struggle has sharpened.
The lawyers could start at an elemental
level, with profit to all of us.
For example, what are "civil" rights?
To what extent are they federal in character,
whether or not spelled out in the United States
Constitution?
;; Article Nine of the Constitution's Bill of
Rights says "the enumeration in the Consti
Stution of certain rights shall not be construed
to deny or disparage others retained by the
people."
: What does that mean? Lawyers ought to
be able to tell us what the courts and the
country's best legal minds think.
Then, what are states' rights?
The other day, Gov. Ross Barnett of Miss
issippi said "a state that loses the right to
On its second try, the Air Force has suc
ceeded in dumping 400 million 3-4-inch cop
per needles into space around the earth.
The object of the experiment called
West Ford n is to create an artificial iono
sphere which could be used to bounce ex
tremely short-length radio waves between two
points on the earth.
The project was almost universally op
posed by the world scientific community.
Apparently, however, fears that the needles
would Interfere with radio astronomy obser
vations of the universe have not been borne
out, although one Soviet astronomer has
charged that the layer of needles is seriously
hampering the study of outer space.
Evaluating the scientific effects of the
needles is something that will have to be left
HOLMES
By HOLMES ALEXANDER
WASHINGTON, D.C. - In 1787
the Founding Fathers innocently
wrote into the Constitution that
"Congress shall have power . . .
to rcgulato commerce with for
eign nations, and among the sev
eral stales and with the Indian
tribes."
This, the famous "commerce
clause," is now the chief peg
upon which Ally. Gen. Robert
Kennedy has hung his argument
of the Public Accommodation Act
to integrate "substantial" busi
nesses which provide public serv
ices of food, lodging and enter
tainment. In the Attorney General's opin
ion "interstate commerce" Is
only limited by the late Justice
Jackson's words: "If It is inter
state commerce that feels the
pinch, it does not matter how
local Uie operation which applies
the squeeze."
Thus, a customer at a local hot
dog stand becomes protected by
the commerce clause if he asks
for mustard that has been brought
across the state line. '
Senator Lausche has tried to
bring the Attorney General back
to the classical delinition of inter
state commerce. For years it was
held by the courts that an Item
was "interstate" from the time
it left its place of origin unUl
it reached its destination and as
sumed a static condition. The At
torney General offered a list
of federal statutes based on
the commerce clause. They re
lated to: railroads, automobiles,
atomic energy, monopoly, com
munications minimum wage,
falsa branding of goods, coal
mine safety, transport of explo
sives and firearms, labeling of
poisons, electrical transmission,
gambling devices, "hot oil," tlie
stock market, labor relations, nar
cotics, meat labeling, natural gas.
plant quarantine, tobacco, cotton
and grains inspection,
"All of that list," replied
Lausche, "relates to health, safe
ty and prevention of fraud."
The Public Accommodation Act
is something different. AlUiougli
Let The Experts Speak
exercise exclusive jurisdiction over its own
affairs loses its political soul and its citizens
have lost their most valuable freedom."
The Key there, obviously, is knowing
what is meant by a state's "own affairs." If a
federal "right" conflicts with a state "power,"
which takes precedence?
U.S. lawyers have been painfully reticent
on this vital subject, though it is tightly bound
up in the present racial turmoil.
Southerners dispute the validity of the
powerful 14th amendment, whose "equal pro
tection under the laws" clause is the founda
tion of so many recent Supreme Court de
cisions. What do the courts, the lawyers and the
legal scholars say about the soundness of this
amendment's status as law?
Who is sovereign, the federal government
or the states? It may surprise many to know
that the word is nowhere mentioned in the
Constitution or any of its 23 amendments.
A line in the Constitution's main body
says "the citizens of each state shall be en
titled to all privileges and immunities of
citizens in the several slates."
Those words are seldom spoken these
days. What do they mean?
The Constitution, invested with more im
mediacy in our lives than ever before, cannot
be the plaything of the amateurs. Let's hear
from the strangely silent experts.
Poor Precedent
to the scientists. But it should not be diffi
cult for laymen to understand one aspect of
the West Ford project.
This is that the United States is setting
what may be dangerous precedents by com
mandeering outer space for its own pur
poses. A similar occasion was the exploding
of a nuclear bomb in space last year against
the protests of world scientists to create
an artificial radiation belt.
With such precedents established by our
selves, we will have slight leg to stand on
should the Russians pull off an experiment we
don't like. Our professed desire to extend
the rule of international law into space carries
little weight when slacked up against what
we actually practice.
ALEXANDER
Commerce Clause
it is aimed at giving "rights"
to purchase lodgings, food and
entertainment by any well
behaved person, the bill actually
is one that imposes "obligations"
upon the merchant of such serv
ices. Kennedy thinks the act is
mild because It contains no crim
inal penalty of fine or imprison
ment for violation. But the viola
tor would be subject to Injunc
tion. The courts would undoubted
ly enjoin him to cease and desist
in rejecting customers or risk
being cited and punished for con
tempt. It Is conceivable that fed
eral troops or federalized nation
al guardsmen would be used to
force the door of a recalcitrant
innkeeper or the landlady of a
"substantial" boarding house.
"Whore it will all end." to
quote a famous parody on Time
style, "knows God." The stretch
BERRY'S WORLD
". Ani I'm Jim Formal. Welcome to our
tilth fartyl"
Cloudy
ing of the commerce clause has
gone on so long that constitution
minded Senators despair of halt
ing the process. Back in 193(1
Justice Mclieynolds, dissenting in
the Fainblatt case, denounced the
stretching process. He said:
"Of course, no such result was
intended by those who framed
the Constitution. If the possiblity
of this had been declared, the
Constitution could not have been
adopted. So construed, the power
to regulate interstate commerce
. . . permits disruption of our
federated system."
Said Lausche to Kennedy: "To
cure one wrong, we must not
create another by taking Con
stitutional rights away from oth
er people."
Many will think that Lausehc's
cause is hopeless. We must wait
and sec.
Whose Rights Being
(In The Oregon-Statesman,
Salem)
By CHARLES SPRAGIE
On July 4 some prominent
clergymen were arrested at Bal
timore on a charge of trespassing
when they joined with persons of
w hite and black races to enter an
amusement park at the edge of
the city. The park is privately
owned, and the proprietor ex
cludes Negroes. Tlie purpose of
the march was to induce tlie own
er to remove his race barrier
and open the park for persons of
all races. Among those arrested
were Dr. Eugene Carson Blake,
chief executive officer (stated
clerk) of the United Presbyterian
Church: Rabbi Morris Lerman of
Baltimore; Monsignor Austin J.
Healy, with six other Catholic
priests; the Rev. Michael Allen,
rector of St. Marks-in-the Bow
eric (Episcopal), New York City.
This was clearly a planned pro
test by representatives of the
Protestant, Catholic and Jewish
faiths. Their joint statement said:
"Central to our religious com
mitments is the common teaching
of our faiths that human rights,
given of God. arc inalienable
take precedence over property
and must be guaranteed by civil
society.
"So motivated, we reluctantly
agreed to break the letter of the
law in order to direct the at
tention of tlie faithful to the tragic
gap between ideal and practice in
our democracy a century after
the Emancipation Proclamation."
The proprietor of the park then
issued his statement, saying that
ordering the arrest of the clergy
men "was the most difficult thing
1 have ever had to do." lie
went on to say:
"But after much soul-searching
on tlie manner in which to protect
the equally God-given right of our
citizens to their private property,
wo felt we could not show less
courage than the men of the
cloth.
"Without attempting to dehale
the philosophic theories involved,
we took the practical sound busi
nessman's approach of meeting
the conditions of the world around
us as we find them to be. and
not perhaps as we would like
them to be."
There you have clear statements
of the conflict which arises over
demands for desegregation of
places of public accommodation.
Selection of customers or clients
has been regarded as one of the
freedoms enjoyed by a merchant
or professional man; and it is
hard lor persons to yield that
light.
On the other hand where the
basis of selection is color and is
loutulod solely on prejudice
against daik skinned persons, a
grave injustice is done those of
that color.
Tlie right of petition and of
peaceful assembly it guaranteed
under the Constitution; and tlie
clergymen had tlie right to denv
onstnlc in that manner. 1 do not
think the obligations of their
faiths require them n violate lo
cal laws however. The dividing
line on conduct in this situation
was set luith quite clearly In
Sen. Abraham Kihiroff. of Con
necticut, who. as a Jew. is aware
of prejudice vented against mi
nority groups. Here is a para
graph from his speech:
"When citizens pc.uv.ibly as
semble to make their views
known, when they hold mass
meetings to call allpiition to their
grievances, they exercising a
fundamental right in the grc.it
tradition ol our country. Hut wlK'ii
liiey disregard the right of os
1 ' i !i m t j,
crs, when they obstruct the peace
ful activities of others, when they
contribute to public disorder,
they place themselves outside the
law, and they forfeit their claim
to achieving their own objective
the law's protection."
At the same time it is difficult
to hold respect for those laws and
ordinances which attempt to en
force segregation; and it must
be admitted that the sit-ins in
Southern diners and parks have
broken down many old barriers.
There can be no doubt that the
country is in the midst of a real
revolution in which Negroes are
resisting the discrimination they
have long suffered. The demon
strations breaking out in cities and
towns where Negroes are numer
ous challenge the old mores.
There is danger though that the
movement will get out of hand,
to the hurt of the Negro cause.
When members of his own race
By SYDNEY J. HARRIS
In a recent magazine ad, the
company mentioned "the enormi
ty of our effort" to obtain a cer
tain product. What Uie company
meant was "enormousness," and
not wickedness, which "enormi
ty" has always meant.
Why complain about a minor
error of this sort, ask Uie mod
ernists in speech? As long as
people, know what you moan,
what difference does it make
which word you use? Besides,
words change their meanings
from century to century some
times, almost from generation to
generation.
There is some truth in Uieir
Al
manac
By United Press International
Today is Friday, July 12. the
l'.Wrd day of 1963 with 172 to
follow.
The moon is approaching its
last quarter.
The morning stars are Venus,
Jupiter and Saturn.
The evening star is Mars.
On this day in history:
In 100 B.C., Julius Caesar was
boin.
In 1862, Congress authorized the
Modal of Honor.
In 1912, American movie fans
viewed a foreign lilm for the
first time in American motion
picture history.
In 19-11. the Nazis cracked the
Stalin Line and marched toward
Moscow at a crucial point in
World War II.
A thought (or the day Writer
Henry Louis Mencken said: "In
justice is relatively easy to bear;
what stings is justice."
they"
SAY...
This laid to migrant labor' leg
islation is directed at tlx needs
of men, women and children who
dct.pcratcly need Itolp. The ques
tion is whether Congress ieels
those needs strom.h enough.
Sen. Harrison A. Williams
iD N.J.l, on six ol his bills now
before the House.
i . m VI . ill. II'..
Usurped?
throw missiles at Dr. Martin Lu
ther King Jr. and James Mere
dith who dared to break the bar
rier at "Ole Miss" is brought to
tears by jeers from Negroes that
he is too "moderate," it becomes
clear Uiat extremists are moving
in who will offend the great body
of white Americans w ho pray and
work for justice for the Negroes.
While decrying the excesses of
the radicals in this revolution
those who are sympathetic with
the objectives would not be dis
suaded from support of the gen
eral program for erasing unjust
discrimination, such as the legis
lation proposed by Fresident Ken
nedy. They should not be chicken
hearted and desert the battle be
cause some Negroes go berserk
or some whites in their zeal to
show sympathy for Uie cause go
"too far," as the trespassing
clergymen at Baltimore may have
done. This battle will not be won
without some bruises.
STRICTLY
PERSONAL
position, but not enough to out
weigh the disadvantages of using
words loosely and sloppily. If
"enormity" ceases to mean a
kind of large wickedness, and
comes to mean the same as
"enormousness," then we have
lost a valuable word, and gained
nothing. One tool of language has
been dulled beyond repair.
Consider another more preva
lent example the modern use of
"disinterested" to mean "unin
terested." Properly speaking, a
judge is "disinterested" in a case
that is, he is interested in an
objective and impartial manner.
This is a most valuable word to
describe the role of a "disinterest
ed party." If, however, it is used
interchangeably with "uninterest
ed," we have simply given up
something for nothing.
I don't believe that words
should be preserved merely for
t heir antiquarian or traditional
value; the only test should be
whether they fill a verbal need.
When they do. we should resist
all efforts to eliminate them or
modify their meaning.
"Imply" and "infer" are also
losing their distinction: I "imply"
by what 1 say, and I "infer" from
what you say. If these two are
used interchangeably, then com
munication becomes even more
confused. Since semantic confu
sion is already so great in our
society, loosening Uie bonds of
meaning even further can only
create greater mischief.
We cannot prevent language
from changing, nor should we.
But the changes should be gradu
al, sensible and advantageous.
Purists, for instance, object to
"contact" as a verb ("I con
tacted John yesterday"), and in
deed it is an ugly construct; yet
it avoids the cumbersome "got in
touch with" and dots not mud
dy the waters o.f meaning.
The other owning, a friend men
tioned the phrase "the lion's
share." Everyone uses it today
to mean the larger part, when
actually it means the whole part,
in Aesop's fable. By distorting
tins phrase, we are loft with no
expression to indicate the situ
ation in which the lion grabs the
whole part. We are continually
whittling down the language in this
way, ami it is up to teachers,
writers and other guardians of
speech to protect us from the con
sequences of our verbal folly.
By PETER EDSON
Newspaper Enterprise Assn.
WASHINGTON 1NEA1 In spite
of all its difficulties, the United
Nations is now said to be begin
ning to find its way around. In
the opinion of Harlan Cleveland,
assistant secretary of state for in
ternational organization affairs,
this is particularly true of the
U..N. specialized agency programs
in the developing countries that
need help the most.
The popular impression of the
U.N. is that it is as clumsy and
unsure of itself as most teen-agers.
It is badly financed. It is not as
well staffed as it should be be
cause the principle of a complete
ly impartial, international civil
service has not yet been estab
lished. Also, the split between
Communist and free nations
makes complete cooperation im
possible. It may take tlie rest of this
century for all these flaws of
organization to be worked out by
meaningful charter revision and
the slow evolution of what U.N.
can and can't do.
One of tlie encouraging signs,
Cleveland believes, is found in
the appointment of U.N. "Resi
dent Representatives" to coordi
nate programs in countries being
given the world organization's
specialized agency technical as
sistance. There are now 61 of these U.N.
resident representatives serving
in tlie developing countries. They
act as top advisers to govern
ment officials in the countries to
which they are assigned and over
see tlie work of two or more aid
programs.
In some countries the resident
representative is given diplomatic
status and ranked as an important
consultant. In other countries he
is considered just a liaison offi
cer or a technician with a special
mission in his own field of com
petence. There is no established protocol
governing the rank of responsibil
ity of a resident representative.
None is a native of the country
to which he is assigned. George
Ivan Smith, an Australian, is men
tioned by Cleveland as a typical
resident representative doing an
outstanding job in Tanganyika.
Present practice is for the resi
dent representative to be ap
pointed by the head of the U.N.
Expanded Program For Techni-
THE GLOBAL VIEW.
Russia, China Have
Same Goal For West
By LEON DENNEN
Newspaper Enterprise Analyst
WASHINGTON (NEA) - What
can the West gain from the quar
rel between Russia and Red Chi
na? Nikita Khrushchev's and Mao
Tuse-tung's negotiators in Moscow
are men equally intent on destroy
ing democratic society in order to
create a universal Communist
state.
Mikhail Suslov, the tall, gaunt
and austere Russian who repre
sents Premier Khrushchev, is a
fanatic supporter of Stalin's tough
policies in the Soviet Communist
Party.
Mao's top delegate, the dwarf
like and crippled Teng Hsiao
ping, is secretary of tlie Chinese
party and a seasoned veteran of
the dispute between Moscow and
Peiping.
Suslov and Teng. like Khrush
chev and Mao, differ on the
proper Marxist-Leninist strategy
on how to "bury" the West. But
their dispute is about the time ele
menthow soon the burial should
take place and not about the
final goal.
Does Premier Khrushchev
therefore represent a "lesser
evil," as some of the State De
partment's perennial optimists
seem to think? Should the West
"rescue" the Soviet premier by .
offering him trade, long - term
credits and concessions on points
in dispute between NATO and the
Soviet bloc?
Such a policy is strongly urged
by Harold Wilson, leader of the
British Labor Party, who is likely
to . succeed Harold Macmillan as
prime minister.
It is backed by powerful West
German industrialists like Berthold
Beitz, manager of the Krupp
Works and close associate of
Bonn's incoming chancellor Lud
wig Erhard.
Bcilz has recently engaged in
secret negotiations with Premier
Khrushchev in an effort to drum
up business for West German in
dustries. However, in the view of life
lung students of the Red conspir
acy, the West has nothing to gain
from a policy that would pull
Khrushchev's chestnuts out of the
fire. Such a policy was tried hv
the Free World in 1921 when Ixn
m manufactured his "New Eov
mimic Puhcy." It only strength
ened Moscow without advancing
the cause of freedom.
Mao seems convinced that the
I niled States, tlie strongest NATO
cal Assitance now David Owen
of the United Kingdom with the
concurrence of tlie U.N. Special
Fund director for preinvestment
planning now Paul Hoffman of
tlie United States.
The idea is growing, however,
that these resident representa
tives should be appointed by
the U.N. secretary general and
that they will become, in effect,
U.N. ambassadors.
It is believed that such a de
velopment would give the U.N.
increased status in tlie countries
to which it gives aid. It would
also simplify operations for re
ceiving governments.
First step toward coordinat
ing the work of the U.N. special
ized agencies has just been made
in a recommendation to the State
Department from its Advisory
Committee on International Or
ganization, headed by Sol M. Lin
owitz of the Xerox Corp., Roches
ter, N.Y.
Its plan is to put U.N. Tech
nical Assistance and Special Fund
Planning a $250 million opera
tion last year into the program.
This is one of three reorganiza
tion plans being submitted to Uie
U.N. by the United States. The
first dealt with improving the
staffing of U.N. agencies. Some
of the reforms suggested last
year to Secretary General U
Thant are now being put into ef
fect. The final report, still in
preparation, will deal with U.N.
financial and budgetary opera
tions which are still in something
of a mess.
The six-week special session of
the U.N. General Assembly just
adjourned in New York failed to
come up with any permanent sol
utions to the problems of how
to make member countries pay
their assessments.
As of May 31, 11 nations owed
a total of $556,000 on 1961 assess
ments and 30 nations owed a
total of S5 million on 1962 assess
ments. The special session finally adopt
ed seven resolutions which will
tide the U.N. over tlu'ough Dec.
31. This year's assessments are
now $11 million in arrears. But the
same problem for next year will
be back on the agenda of the new
General Assembly convening in
mid-September. It is generally ad
mitted that it will take a long
time to put the U.N. on a sound
working basis.
nation, is merely a "paper tiger"
which will continue to appease the
Reds in the face of "revolutionary
pressure."
The Russians have a healthier
respect (or America's atomic
might and determination to fight
for its life. Their strategy is thus
to lull Ihe suspicions of American
"liberals." They hope that the
Free World will "dig its own
grave" as Lenin predicted
by helping to strengthen the econ
omy and military machine of the
Red world.
Suslov said this plainly in an
article in Kommunist, Russia's
Marxist-Leninist "bible."
He said that Lenin "stressed the
significance of socialist construc
tion that would make Soviet Rus
sia invincible" in the struggle of
the "oppressed and colonial coun
tries." He therefore "attached great
importance to the attraction Of
foreign capital to Russia, because
it would speed up considerably
Ihe building of large-scale Soviet
industry."
Suslov's comments in Kommu
nist give in a nutshell the true na
ture of controversy between Khru
shchev and Mao. They also throw
light on Moscow's current efforts
to obtain long-term credits from
West Germany. Britain, France
and other NATO nations.
Khrushchev seeks to undermine
democratic society through limit
ed Castro-style wars of "national
liberation" while he strengthens
the Red world's economy and mil
itary machine.
Mao wants a policy of revolu
tionary brinksmanship. In his
view. Communists at this stage
should devote all their efforts to
a single aim: the defeat of the
West, especially the United States.
Why. then, should the West for
feit diplomatic initiative bv back
ing Khrushchev against Mao since
both aim to destroy the Free
World?
QUESTIONS
AMD
ANSWERS
Q How many known moons
has the planet Neptune?
Two. One revolves around
it from east to west, the second
from west to east.
Q - What dale did Franklin
Roosevelt raM th, itf whrn
'U live in Infamy"?
A - December 7, ml iPiarl
Harbori.